Many people are unfamiliar with the divorce proceedings pertaining to certain states. This is written in relevance to laws in Texas and provides a general overview of the requirements. It includes details about state-approved methods and alternate ways of filing.
Residency requirements and reasons for filing the divorce in Texas
Either party should have resided in the state for at least 6 months before filing a divorce. A 90 day residency period is also required to be completed in the same county, where the case has to be filed by any of the spouses.
A no-fault divorce in Texas can proceed flawlessly without blaming either party. A very generic statement suggesting personality conflicts will suffice to further the process. Whereas fault-based divorces need to provide evidence for the offence committed, for example, adultery, criminal charges, abuse, abandonment, or mental health. Based on these claims the perpetrator has to support their claims with authentication.
Preparing the forms for divorce in Texas
A lot of forms have to submit and may vary depending on your county, the clerk in the county can clear this up for you. 4 mandatory forms have to be included in your initial filing. These forms include:
- Original Petition for Divorce (it includes summons)
- Citation (or waiver)
- Notice of Service of Process
- Decree of Divorce
Assembling the Texas divorce forms
When you’ve assembled all the required Texas divorce forms, you have to file them with the appropriate county. You can also request a restraining order as per Texas divorce law which will prevent either party from selling, moving, or dwindling property. The restraining order is temporary until a property-related decision is made. It also instructs both sides to avoid being disrespectful.
Filing process for divorce in Texas
By Texas divorce law, the other party has to be notified about the filing. Typically known as the “Service of Process” where you deliver all the copies of the Texas divorce document to the non-filing spouse. There are several methods of service introduced by the state. In a waiver, you can request your spouse to waive the service requirement by signing an acknowledgement form for receipt of copies of the initial filing.
If the wavier is out of the question you can opt for a constable sheriff or private process server. The constable is less expensive but slower compared to a private process server that can further the process quickly. If contacting the other party is awkward for the filing spouse the law in Texas allows service publication. A local newspaper will publish the divorce notice. (Tex. Fam. Code §6.409)
Financial disclosure / Sworn Inventory and Appraisement form
The majority of Texas jurisdictions use a financial disclosure to highlight property details with all types of bank accounts and real estate information of both parties. This makes it easy for both sides to analyse the most significant property issues. Although it is not a requirement of every county. In most counties this exchange of financial details is mandatory and the form containing all of these things is referred to as the Sworn Inventory and Appraisement form.
